Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles
Authors

The argument for a return to the Calderbank regime

Mar 7, 2019, 11:04 AM
Slug :
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 7, 2019, 11:02 AM
Article ID :

Kelly Gerrard and William Longrigg of Charles Russell Speechlys review the costs rules in ancillary relief proceedings and set out the case for reinstating the Calderbank regime.

The current system does little to incentivise parties to negotiate at an early stage. This article advocates a return to a system that enables the judiciary to penalise in costs those parties adopting an unreasonable position in litigation.

The full article will be published in the April issue of Family Law.




Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482.

Categories :
  • Articles
  • News
Tags :
debate3
Authors
Provider :
Product Bucket : Family Law (General)
Load more comments
Comment by from